What if I’m partially at-fault for my bicycle accident and I’m injured?
Under Illinois law, if someone is partially at fault for their bicycle accident, they can still recover damages as long as they are not deemed 50%, or more, responsible for the accident. Illinois follows the doctrine of modified comparative negligence, which places the bar at 50% for fault in both bicycle and motor vehicle accidents. If you are injured but found to be less than 50% at fault for the accident, you still have the right to recover from your injuries.
It is important to remember, though, that Illinois law also reduces the amount you can receive in compensation by your percentage of fault. For example, if you are found to be 20% liable for the accident, your damages would be reduced by that amount and you would receive 80% of the damages. The percentage of your negligence can only be determined by a jury or trier-of-fact, not by the insurance company or a police report.
What You Can Recover in an Illinois Bicycle Accident
Recovery available to victims in an Illinois bicycle accident is similar to other personal injury claims and can include:
- Medical bills – This can include the medical bills from the accident and future medical expenses you may incur.
- Lost wages – Illinois allows you to receive compensation for the wages you lost due to the accident and future income you may lose due to an inability to return to your pre-accident profession.
- Property damage – Chances are, your bicycle was damaged in your accident. You may also have damaged clothing, gear, and anything you may have been carrying with you at the time, such as a laptop or work items.
- Pain and suffering – Bicycle accident injuries are painful and can continue far beyond the initial accident.
- Disability and disfigurement – If you were severely injured in a bicycle accident, you may suffer a disability or permanent disfigurement that can be life-long and life-altering.
- Punitive damages – If the liable party was proven to be egregious in their behavior, a judge may order them to pay punitive damages to not only punish them for causing your accident but to prevent others from following in their footsteps.
- Wrongful death – If you lost a loved one in a bicycle accident, you may be compensated for the medical bills, pain and suffering, lost wages, support, and funeral costs, among others, for your loved one.
While these are the most common sources of recovery in an Illinois bicycle accident, you may also be entitled to further recovery depending on the specific circumstances of your case. Only an experienced personal injury lawyer can advise you on everything you could be entitled to and represent you to ensure that you get the highest recovery possible.
At 844 See Mike, we represent clients in Illinois who have suffered personal injuries from a bicycle accident, as well as family members who have lost a loved one in a road accident caused by the negligent or reckless conduct of another person. We know that when a bicycle collides with a vehicle weighing at least 2,000 pounds, the odds are not in the cyclist’s favor and the results can be tragic.
It’s important to consult with an experienced Chicago bicycle accident attorney as soon as possible to protect your rights and determine if you have a valid personal injury claim or wrongful death claim against a reckless or negligent driver. If you were injured in a bicycle accident, contact 844 See Mike, for a free consultation.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com or schedule a meeting with us here. We’re here 24/7.
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